Sec. 542. Investigation, working conditions, and penalties
517 words·~2 min read·
/bill/113/hr/3163/ih/section-542·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subparagraph
(C)of section 212(n)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2) ) is amended— in clause (i)— in the matter preceding subclause (I)— by striking a condition of paragraph (1)(B), (1)(E), or (1)(F) and inserting a condition under subparagraph (A), (B), (C)(i), (E), (F), (G)(i)(I), (H), (I), or
(J)of paragraph
(1); and by striking (1)(C) and inserting (1)(C)(ii) ; in subclause (I)— by striking $1,000 and inserting $2,000 ; and by striking and at the end; in subclause (II), by striking the period at the end and inserting a semicolon and and ; and by adding at the end the following: an employer that violates such subparagraph
(A)shall be liable to the employees harmed by such violations for lost wages and benefits. ; in clause (ii)— in subclause (I)— by striking may and inserting shall ; and by striking $5,000 and inserting $10,000 ; in subclause (II), by striking the period at the end and inserting a semicolon and and ; and by adding at the end the following: an employer that violates such subparagraph
(A)shall be liable to the employees harmed by such violations for lost wages and benefits. ; in clause (iii)— in the matter preceding subclause (I), by striking 90 days both places it appears and inserting 180 days ; in subclause (I)— by striking may and inserting shall ; and by striking and at the end; in subclause (II), by striking the period at the end and inserting a semicolon and and ; and by adding at the end the following: an employer that violates subparagraph
(A)of such paragraph shall be liable to the employees harmed by such violations for lost wages and benefits. ; in clause (iv)— by inserting to take, fail to take, or threaten to take or fail to take, a personnel action, or before to intimidate ; by inserting
(I)after
(iv); and by adding at the end the following: An employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits. ; and in clause (vi)— by amending subclause
(I)to read as follows: It is a violation of this clause for an employer who has filed an application under this subsection— to require an H–1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer (the Secretary shall determine whether a required payment is a penalty, and not liquidated damages, pursuant to relevant State law); and to fail to offer to an H–1B nonimmigrant, during the nonimmigrant's period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on performance). ; and in subclause (III), by striking $1,000 and inserting $2,000 .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 542
Investigation, working conditions, and penalties
Cites 1Cited by 0 across 0 sources